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1BFines and fees for infringement offences Empowered by s 126A

1Maximum fine for infringement offences

  1. The maximum fine for an infringement offence specified in column 1 of the table in clause 4 is an amount not exceeding,—

  2. if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 3 of the table; and
    1. in any other case, the corresponding amount in column 4 of the table.

      Notes
      • Schedule 1B clause 1: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

      2Infringement fee for infringement offences

      1. The infringement fee for an infringement offence specified in column 1 of the table in clause 4 is,—

      2. if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 5 of the table; and
        1. in any other case, the corresponding amount in column 6 of the table.

          Notes
          • Schedule 1B clause 2: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

          3Infringement notice not invalid if higher fee applies

          1. An infringement notice served on a landlord that has 6 or more tenancies or that is the landlord of a boarding house is not invalid merely because the notice imposes the fee for the offence that is in column 6 of the table in clause 4.

          Notes
          • Schedule 1B clause 3: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

          4Table of fines and fees for infringement offences

          1. The following table sets out the fines and fees for infringement offences under this Act:

            The following table is small in size and has 6 columns. Column 1 is headed Section. Column 2 is headed Description of offence. Column 3 is headed Fine (cl 1(a)) ($). Column 4 is headed Fine (cl 1(b)) ($). Column 5 is headed Fee (cl 2(a)) ($). Column 6 is headed Fee (cl 2(b)) ($).
            Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
            Section Description of offence Fine (cl 1(a)) ($) Fine (cl 1(b)) ($) Fee (cl 2(a)) ($) Fee (cl 2(b)) ($)
            13(4)(b) Failing to ensure tenancy agreement in writing, signed, and provided to tenant 2,000 1,000 1,000 500
            13A(1G) Failing to comply with section 13A(1A), (1CA), (1CB), or (2) 2,000 1,000 1,000 500
            15(3) Failing to give notice as successor 2,000 1,000 1,000 500
            16(2A) Failing to notify change of name or address 2,000 1,000 1,000 500
            16A(6)(b) Failing to appoint agent when outside New Zealand for longer than 21 consecutive days 3,000 1,500 1,000 500
            17(3A) Requiring key money 3,000 1,500 1,000 500
            17A(4) Requiring letting fee 3,000 1,500 1,000 500
            18(4)(b) Requiring general bond greater than amount permitted 3,000 1,500 1,000 500
            18AA(6) Requiring pet bond greater than amount permitted or from tenant who is not keeping, or does not intend to keep, a pet 3,000 1,500 1,000 500
            18A(2)(b) Requiring unauthorised form of security 3,000 1,500 1,000 500
            19(3) Breaching duties on receipt of bond 3,000 1,500 1,000 500
            22F(3)(b) Failing to state amount of rent in advertisement or offer 2,000 1,000 1,000 500
            23(4)(b) Requiring rent more than 2 weeks in advance or before rent already paid expires 3,000 1,500 1,000 500
            29(6) Failing to give receipt for rent 2,000 1,000 1,000 500
            30(2)(b) Failing to keep records 2,000 1,000 1,000 500
            44A(3)(b) Failing to itemise expenses incurred on assignment, subletting, parting with possession, or termination by consent 2,000 1,000 1,000 500
            45(1AD)(b) Failing to provide healthy homes information 2,000 1,000 1,000 500
            47(4) Failing to inform prospective tenants that premises on the market 3,000 1,500 1,000 500
            48(4A) Failing to notify tenant of results of test for contaminants 2,000 1,000 1,000 500
            66I(7) Failing to provide healthy homes information 2,000 1,000 1,000 500
            66J(2B)(b) Failing to inform prospective tenants that boarding house premises on the market 3,000 1,500 1,000 500
            66J(4)(b) Failing to notify tenant of results of test for contaminants (relating to boarding house facilities) 2,000 1,000 1,000 500
            66T(1A) Failing to notify tenant of results of test for contaminants (relating to boarding room) 2,000 1,000 1,000 500
            123A(5)(b) Failing to produce documents to chief executive 3,000 1,500 1,000 500

          Notes
          • Schedule 1B clause 4: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Schedule 1B clause 4: amended, on , by section 46(1) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Schedule 1B clause 4: amended, on , by section 46(2) of the Residential Tenancies Amendment Act 2024 (2024 No 52).